Ten provisions between Daycare Centers and Goglu.net

The Daycare wishes to register on Goglu.net in order to use the services offered, being services connecting them with the educators of the province through the network of people registered on Goglu.net.

In order to complete the registration on Goglu.net, the Daycare must consent to each of the provisions contained in this contract.

This contract governs both the Daycare’s contractual relationship with Goglu.net as well as that with the Educators:

1. The Daycare acknowledges having sent to Goglu.net, and Goglu.net acknowledges that it has collected, information and documents for the opening of and creation of its profile, being, without limitation:

Name of the business

Identification number of the business

Address of the business’ head office

E-Mail address and phone number

2. The Daycare expressly and freely consents to Goglu.net keeping and using such information in order to publish it on its web site or for any other serious and legitimate purpose in order to give full effect to this contract

3. The Daycare acknowledges that Goglu.net’s only role is to act as an intermediary between itself on the one hand and the Educator on the other. Goglu.net facilitates solely the putting into contact of the Educator and the Daycares.

4. The Daycare acknowledges that Goglu.net does not guarantee or act as surety for any promise, representation, undertaking or obligation to which it has bound itself with regards to an Educator.

5. The Daycare acknowledges that Goglu.net does not, in any way whatsoever, guarantee the identity, the competence, the capacity, the probity and the integrity of the Educator whose services the Daycare has retained.

6. The Daycare acknowledges that Goglu.net is not liable for the lateness or absenteeism of an Educator at a replacement and releases Goglu.net of all liability, damages or loss.

7. The Daycare releases Goglu.net of any liability, damage or other loss, of any nature whatsoever, caused by the use of the site Goglu.net.

8. The Daycare releases Goglu.net of any liability, damage or other loss, of any nature whatsoever, caused by an Educator or resulting from the services offered to or carried out for the Daycare by an Educator.

9. The Daycare undertakes to pay to Goglu.net a fixed fee of $ 15,26 (plus applicable taxes) for each fixed term contract concluded with an Educator, the whole regardless of the duration of the contract. Said amount is payable directly to Goglu.net via VISA or MC prior to the acceptance of any replacement request and constitutes an essential condition to the conclusion of any fixed term contract.

10. The Daycare acknowledges that the fixed amount of fees to be paid for each fixed term contract concluded is set out in the Regulation (as such term is defined below) and that it is subject to modification at any time at the sole discretion of Goglu.net, and any such modification of the fixed fee is applicable to the Daycare following the expiration of a period of ten (10) days following any such modification to the Regulation, said delay being equivalent to reasonable notice.

Nine provisions between the Educators and Goglu.net

The Educator wishes to register on Goglu.net in order to use the services offered, being services connecting daycares (hereinafter referred to as the “Daycares”) and the educators of the province through the network of people and businesses registered on Goglu.net.

In order to complete the registration on Goglu.net, the Educator must consent to each of the provisions contained in this contract.

This contract governs both the Educator’s contractual relationship with Goglu.net as well as that with the Daycares:

1. The Educator acknowledges having sent to Goglu.net, and Goglu.net acknowledges that it has collected, information and documents for the opening of and creation of his/her profile, being, without limitation:

2. The Educator expressly and freely consents to Goglu.net keeping, using and sharing with the Daycares who retain the services of the Educator all the information and documents collected in order to, without limitation, verify the qualifications and the probity of the Educator, to verify the identity of the Educator, to pay the salary due to the Educator, to prepare the Educator’s employment or tax-related forms or for any other serious and legitimate purpose in order to give full effect to this contract.

3. The Educator acknowledges that Goglu.net’s only role is to act as an intermediary between him/her on the one hand and the Daycares on the other. Goglu.net facilitates solely the putting into contact of the Educator and the Daycares.

4. The Educator expressly acknowledges that Goglu.net may not in any case whatsoever be considered his/her employer or principal. The Educator acknowledges that in no case whatsoever will this contract be interpreted as creating such an employee-employer relationship between the Educator and Goglu.net.

5. The Educator acknowledges that Goglu.net is not liable for the payment of the salary or any other advantage agreed to by the Educator and the Daycares or provided for by any law of public order applicable to matters of employment. Goglu.net does not guarantee the solvency of the Daycares and may not be held liable for any such insolvency. Goglu.net is not liable for late payment of salary or of other advantages due by the Daycares.

6. The Educator acknowledges that Goglu.net does not guarantee the work conditions where he/she works.

7. The Educator acknowledges that Goglu.net does not guarantee or act as surety for any promise, representation, undertaking or obligation of the Daycares.

8. The Educator releases Goglu.net of any liability, damage or other loss, of any nature whatsoever, caused by the use of the site Goglu.net.

9. The Educator releases Goglu.net of any liability, damage or other loss, of any nature whatsoever, caused by the Daycares or resulting from the services offered or carried out by the Educator to or for the Daycares.

Eight provisions between Daycare Centers and the Educator

1. The Educator acknowledges that a request for a replacement at a Daycare accepted by both parties creates an employment relationship between the Educator, on the one hand, and the Daycare, on the other. This employment relationship qualifies as a fixed term contract the term of which is the duration of the replacement indicated in the request for a replacement which was duly accepted.

2. The Educator acknowledges that the Daycares will pay him/her directly, by cheque, by wire transfer or by direct deposit, the gross salary agreed to between them at the time of the acceptance of the replacements, after having deducted all of the applicable deductions at the source.

3. The Educator acknowledges that the Daycares will not grant any financial advantage whatsoever beyond the gross salary agreed to and the other advantages provided for by An Act Respecting Labour Standards.

4. The Educator acknowledges that at each replacement that he or she shall carry out at a Daycare he/she must present any piece of photo identification required for the purpose of identification prior to beginning his/her work and prior to any responsibility regarding a group of children being entrusted to him/her.

5. The Educator acknowledges that this provision of this contract governs his/her full contractual relationship with each and every one of the Daycares for which he/she will work and that only the legal provisions which are of public order and applicable in matters of employment complete each of the fixed term contracts of employment which may be entered into by him/her and the Daycares.

6. The Educator acknowledges that any extension of the replacement period provided for in the initial fixed term contract of employment must be done using Goglu.net and requires that a new request for a replacement be accepted and that any such extension will entail the formation of a new fixed term contract of employment. No extension shall be considered to transform a fixed term contract of employment into an indeterminate term contract of employment.

7. The Educator undertakes not to offer availability and not to conclude a fixed term contract with one or many of the Daycares in the event of incapacity for work, including without limitation in the event of preventive withdrawal. The Educator who does not respect the foregoing acknowledges that he/she exposes himself/herself to the immediate unilateral resiliation of any fixed term contract of employment which he/she has entered into with one or many of the Daycares, the whole at the full discretion of the Daycares in question, and that he/she waives all recourse against the Daycare(s).

8. The Educator acknowledges that this declaration is a condition that is essential to the Daycares’ consent to the conclusion of any fixed term contract and that a violation of this declaration shall constitute a defect of consent which affects the conclusion of the fixed term contract.